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1 | | funds. |
2 | | (b) There is created the Advisory Board for Diversity in |
3 | | Active Apprenticeship Programs Approved by the United States |
4 | | Department of Labor. This Advisory Board shall be composed of |
5 | | 12 legislators; 3 members appointed by the President of the |
6 | | Senate, 3 members appointed by the Speaker of the House of |
7 | | Representatives, 3 members appointed by the Minority Leader of |
8 | | the Senate, and 3 members appointed by the Minority Leader of |
9 | | the House of Representatives. The President of the Senate and |
10 | | the Speaker of the House of Representatives shall each appoint |
11 | | a co-chairperson. Members of the Advisory Board shall receive |
12 | | no compensation for serving as members of the Advisory Board. |
13 | | The Advisory Board shall meet quarterly. The Advisory Board may |
14 | | request necessary additional information from the Department, |
15 | | other State agencies, or public institutions of higher |
16 | | education for the purposes of performing its duties under this |
17 | | Section. The Advisory Board may advise the Department of |
18 | | programs to increase diversity in active apprenticeship |
19 | | programs. The Department shall provide administrative support |
20 | | and staffing for the Advisory Board. |
21 | | Section 10. The Business Enterprise for Minorities, Women, |
22 | | and Persons with
Disabilities Act is amended by changing |
23 | | Sections 4, 4f, 7, and 9 as follows:
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24 | | (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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1 | | (Section scheduled to be repealed on June 30, 2020)
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2 | | Sec. 4. Award of State contracts.
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3 | | (a) Except as provided in subsections (b) and (c), not less |
4 | | than 20% of
the total dollar amount of State contracts, as |
5 | | defined by the Secretary of
the Council and approved by the |
6 | | Council, shall be established as an aspirational goal to
be |
7 | | awarded to businesses owned by minorities,
women, and persons |
8 | | with disabilities; provided, however, that
of the total amount |
9 | | of all
State contracts awarded to businesses owned by
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10 | | minorities, women, and persons with disabilities pursuant to
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11 | | this Section, contracts representing at least 11% shall be |
12 | | awarded to businesses owned by minorities, contracts |
13 | | representing at least 7% shall be awarded to women-owned |
14 | | businesses, and contracts representing at least 2% shall be |
15 | | awarded to businesses owned by persons with disabilities.
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16 | | The above percentage relates to the total dollar amount of |
17 | | State
contracts during each State fiscal year, calculated by |
18 | | examining
independently each type of contract for each agency |
19 | | or public institutions of higher education which
lets such |
20 | | contracts. Only that percentage of arrangements which |
21 | | represents the participation of businesses owned by
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22 | | minorities, women, and persons with disabilities on such |
23 | | contracts shall
be included.
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24 | | (b) Not In the case of State construction contracts, the |
25 | | provisions of
subsection (a) requiring a portion of State |
26 | | contracts to be awarded to
businesses owned and controlled by |
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1 | | persons with
disabilities do not apply. The following |
2 | | aspirational goals are established for State construction |
3 | | contracts: not less
than 20% of the total dollar amount of |
4 | | State construction contracts is
established as an aspirational |
5 | | a goal to be awarded to businesses owned by minorities, women, |
6 | | and persons with disabilities; provided that, contracts |
7 | | representing at least 11% of the total dollar amount of State |
8 | | construction contracts shall be awarded to businesses owned by |
9 | | minorities; contracts representing at least 7% of the total |
10 | | dollar amount of State construction contracts shall be awarded |
11 | | to women-owned businesses; and contracts representing at least |
12 | | 2% of the total dollar amount of State construction contracts |
13 | | shall be awarded to businesses owned by persons with |
14 | | disabilities minority-owned and women-owned
businesses .
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15 | | (c) (Blank). In the case of all work undertaken by the |
16 | | University of Illinois related to the planning, organization, |
17 | | and staging of the games, the University of Illinois shall |
18 | | establish a goal of awarding not less than 25% of the annual |
19 | | dollar value of all contracts, purchase orders, and other |
20 | | agreements (collectively referred to as "the contracts") to |
21 | | minority-owned businesses or businesses owned by a person with |
22 | | a disability and 5% of the annual dollar value the contracts to |
23 | | women-owned businesses. For purposes of this subsection, the |
24 | | term "games" has the meaning set forth in the Olympic Games and |
25 | | Paralympic Games (2016) Law. |
26 | | (d) Within one year after April 28, 2009 (the effective |
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1 | | date of Public Act 96-8), the Department of Central Management |
2 | | Services shall conduct a social scientific study that measures |
3 | | the impact of discrimination on minority and women business |
4 | | development in Illinois. Within 18 months after April 28, 2009 |
5 | | (the effective date of Public Act 96-8), the Department shall |
6 | | issue a report of its findings and any recommendations on |
7 | | whether to adjust the goals for minority and women |
8 | | participation established in this Act. Copies of this report |
9 | | and the social scientific study shall be filed with the |
10 | | Governor and the General Assembly. |
11 | | By December 1, 2020, the Department of Central Management |
12 | | Services shall conduct a new social scientific study that |
13 | | measures the impact of discrimination on minority and women |
14 | | business development in Illinois. By June 1, 2022, the |
15 | | Department shall issue a report of its findings and any |
16 | | recommendations on whether to adjust the goals for minority and |
17 | | women participation established in this Act. Copies of this |
18 | | report and the social scientific study shall be filed with the |
19 | | Governor, the Advisory Board, and the General Assembly. |
20 | | (e) Except as permitted under this Act or as otherwise |
21 | | mandated by federal law or regulation, those who submit bids or |
22 | | proposals for State contracts subject to the provisions of this |
23 | | Act, whose bids or proposals are successful and include a |
24 | | utilization plan but that fail to meet the goals set forth in |
25 | | subsection (b) of this Section, shall be notified of that |
26 | | deficiency and shall be afforded a period not to exceed 10 |
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1 | | calendar days from the date of notification to cure that |
2 | | deficiency in the bid or proposal. The deficiency in the bid or |
3 | | proposal may only be cured by contracting with additional |
4 | | subcontractors who are owned by minorities or women . Any |
5 | | increase in cost to
a contract for the addition of a |
6 | | subcontractor to cure a bid's deficiency
shall not be used in |
7 | | the request for an exemption in this Act, and , but in no case |
8 | | shall an identified subcontractor with a certification made |
9 | | pursuant to this Act be terminated from the contract without |
10 | | the written consent of the State agency or public institution |
11 | | of higher education entering into the contract. |
12 | | (f) Non-construction solicitations that include Business |
13 | | Enterprise Program participation goals shall require bidders |
14 | | and offerors to include utilization plans. Utilization plans |
15 | | are due at the time of bid or offer submission. Failure to |
16 | | complete and include a utilization plan, including |
17 | | documentation demonstrating good faith effort when requesting |
18 | | a waiver, shall render the bid or offer non-responsive. |
19 | | (Source: P.A. 99-462, eff. 8-25-15; 99-514, eff. 6-30-16; |
20 | | 100-391, eff. 8-25-17.) |
21 | | (30 ILCS 575/4f) |
22 | | (Section scheduled to be repealed on June 30, 2020) |
23 | | Sec. 4f. Award of State contracts. |
24 | | (1) It is hereby declared to be the public policy of the |
25 | | State of Illinois to promote and encourage each State agency |
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1 | | and public institution of higher education to use businesses |
2 | | owned by minorities, women, and persons with disabilities in |
3 | | the area of goods and services, including, but not limited to, |
4 | | insurance services, investment management services, |
5 | | information technology services, accounting services, |
6 | | architectural and engineering services, and legal services. |
7 | | Furthermore, each State agency and public institution of higher |
8 | | education shall utilize such firms to the greatest extent |
9 | | feasible within the bounds of financial and fiduciary prudence, |
10 | | and take affirmative steps to remove any barriers to the full |
11 | | participation of such firms in the procurement and contracting |
12 | | opportunities afforded. |
13 | | (a) When a State agency or public institution of higher |
14 | | education, other than a community college, awards a |
15 | | contract for insurance services, for each State agency or |
16 | | public institution of higher education, it shall be the |
17 | | aspirational goal to use insurance brokers owned by |
18 | | minorities, women, and persons with disabilities as |
19 | | defined by this Act, for not less than 20% of the total |
20 | | annual premiums or fees ; provided that, contracts |
21 | | representing at least 11% of the total annual premiums or |
22 | | fees shall be awarded to businesses owned by minorities; |
23 | | contracts representing at least 7% of the total annual |
24 | | premiums or fees shall be awarded to women-owned |
25 | | businesses; and contracts representing at least 2% of the |
26 | | total annual premiums or fees shall be awarded to |
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1 | | businesses owned by persons with disabilities . |
2 | | (b) When a State agency or public institution of higher |
3 | | education, other than a community college, awards a |
4 | | contract for investment services, for each State agency or |
5 | | public institution of higher education, it shall be the |
6 | | aspirational goal to use emerging investment managers |
7 | | owned by minorities, women, and persons with disabilities |
8 | | as defined by this Act, for not less than 20% of the total |
9 | | funds under management ; provided that, contracts |
10 | | representing at least 11% of the total funds under |
11 | | management shall be awarded to businesses owned by |
12 | | minorities; contracts representing at least 7% of the total |
13 | | funds under management shall be awarded to women-owned |
14 | | businesses; and contracts representing at least 2% of the |
15 | | total funds under management shall be awarded to businesses |
16 | | owned by persons with disabilities . Furthermore, it is the |
17 | | aspirational goal that not less than 20% of the direct |
18 | | asset managers of the State funds be minorities, women, and |
19 | | persons with disabilities. |
20 | | (c) When a State agency or public institution of higher |
21 | | education, other than a community college, awards |
22 | | contracts for information technology services, accounting |
23 | | services, architectural and engineering services, and |
24 | | legal services, for each State agency and public |
25 | | institution of higher education, it shall be the |
26 | | aspirational goal to use such firms owned by minorities, |
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1 | | women, and persons with disabilities as defined by this Act |
2 | | and lawyers who are minorities, women, and persons with |
3 | | disabilities as defined by this Act, for not less than 20% |
4 | | of the total dollar amount of State contracts ; provided |
5 | | that, contracts representing at least 11% of the total |
6 | | dollar amount of State contracts shall be awarded to |
7 | | businesses owned by minorities or minority lawyers; |
8 | | contracts representing at least 7% of the total dollar |
9 | | amount of State contracts shall be awarded to women-owned |
10 | | businesses or women who are lawyers; and contracts |
11 | | representing at least 2% of the total dollar amount of |
12 | | State contracts shall be awarded to businesses owned by |
13 | | persons with disabilities or persons with disabilities who |
14 | | are lawyers . |
15 | | (d) When a community college awards a contract for |
16 | | insurance services, investment services, information |
17 | | technology services, accounting services, architectural |
18 | | and engineering services, and legal services, it shall be |
19 | | the aspirational goal of each community college to use |
20 | | businesses owned by minorities, women, and persons with |
21 | | disabilities as defined in this Act for not less than 20% |
22 | | of the total amount spent on contracts for these services |
23 | | collectively ; provided that, contracts representing at |
24 | | least 11% of the total amount spent on contracts for these |
25 | | services shall be awarded to businesses owned by |
26 | | minorities; contracts representing at least 7% of the total |
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1 | | amount spent on contracts for these services shall be |
2 | | awarded to women-owned businesses; and contracts |
3 | | representing at least 2% of the total amount spent on |
4 | | contracts for these services shall be awarded to businesses |
5 | | owned by persons with disabilities . When a community |
6 | | college awards contracts for investment services, |
7 | | contracts awarded to investment managers who are not |
8 | | emerging investment managers as defined in this Act shall |
9 | | not be considered businesses owned by minorities, women, or |
10 | | persons with disabilities for the purposes of this Section. |
11 | | (2) As used in this Section: |
12 | | "Accounting services" means the measurement, |
13 | | processing and communication of financial information |
14 | | about economic entities including, but is not limited to, |
15 | | financial accounting, management accounting, auditing, |
16 | | cost containment and auditing services, taxation and |
17 | | accounting information systems. |
18 | | "Architectural and engineering services" means |
19 | | professional services of an architectural or engineering |
20 | | nature, or incidental services, that members of the |
21 | | architectural and engineering professions, and individuals |
22 | | in their employ, may logically or justifiably perform, |
23 | | including studies, investigations, surveying and mapping, |
24 | | tests, evaluations, consultations, comprehensive planning, |
25 | | program management, conceptual designs, plans and |
26 | | specifications, value engineering, construction phase |
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1 | | services, soils engineering, drawing reviews, preparation |
2 | | of operating and maintenance manuals, and other related |
3 | | services. |
4 | | "Emerging investment manager" means an investment |
5 | | manager or claims consultant having assets under |
6 | | management below $10 billion or otherwise adjudicating |
7 | | claims. |
8 | | "Information technology services" means, but is not |
9 | | limited to, specialized technology-oriented solutions by |
10 | | combining the processes and functions of software, |
11 | | hardware, networks, telecommunications, web designers, |
12 | | cloud developing resellers, and electronics. |
13 | | "Insurance broker" means an insurance brokerage firm, |
14 | | claims administrator, or both, that procures, places all |
15 | | lines of insurance, or administers claims with annual |
16 | | premiums or fees of at least $5,000,000 but not more than |
17 | | $10,000,000. |
18 | | "Legal services" means work performed by a lawyer |
19 | | including, but not limited to, contracts in anticipation of |
20 | | litigation, enforcement actions, or investigations. |
21 | | (3) Each State agency and public institution of higher |
22 | | education shall adopt policies that identify its plan and |
23 | | implementation procedures for increasing the use of service |
24 | | firms owned by minorities, women, and persons with |
25 | | disabilities. |
26 | | (4) Except as provided in subsection (5), the Council shall |
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1 | | file no later than March 1 of each year an annual report to the |
2 | | Governor , the Bureau on Apprenticeship Programs, and the |
3 | | General Assembly. The report filed with the General Assembly |
4 | | shall be filed as required in Section 3.1 of the General |
5 | | Assembly Organization Act. This report shall: (i) identify the |
6 | | service firms used by each State agency and public institution |
7 | | of higher education, (ii) identify the actions it has |
8 | | undertaken to increase the use of service firms owned by |
9 | | minorities, women, and persons with disabilities, including |
10 | | encouraging non-minority-owned firms to use other service |
11 | | firms owned by minorities, women, and persons with disabilities |
12 | | as subcontractors when the opportunities arise, (iii) state any |
13 | | recommendations made by the Council to each State agency and |
14 | | public institution of higher education to increase |
15 | | participation by the use of service firms owned by minorities, |
16 | | women, and persons with disabilities, and (iv) include the |
17 | | following: |
18 | | (A) For insurance services: the names of the insurance |
19 | | brokers or claims consultants used, the total of risk |
20 | | managed by each State agency and public institution of |
21 | | higher education by insurance brokers, the total |
22 | | commissions, fees paid, or both, the lines or insurance |
23 | | policies placed, and the amount of premiums placed; and the |
24 | | percentage of the risk managed by insurance brokers, the |
25 | | percentage of total commission, fees paid, or both, the |
26 | | lines or insurance policies placed, and the amount of |
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1 | | premiums placed with each by the insurance brokers owned by |
2 | | minorities, women, and persons with disabilities by each |
3 | | State agency and public institution of higher education. |
4 | | (B) For investment management services: the names of |
5 | | the investment managers used, the total funds under |
6 | | management of investment managers; the total commissions, |
7 | | fees paid, or both; the total and percentage of funds under |
8 | | management of emerging investment managers owned by |
9 | | minorities, women, and persons with disabilities, |
10 | | including the total and percentage of total commissions, |
11 | | fees paid, or both by each State agency and public |
12 | | institution of higher education. |
13 | | (C) The names of service firms, the percentage and |
14 | | total dollar amount paid for professional services by |
15 | | category by each State agency and public institution of |
16 | | higher education. |
17 | | (D) The names of service firms, the percentage and |
18 | | total dollar amount paid for services by category to firms |
19 | | owned by minorities, women, and persons with disabilities |
20 | | by each State agency and public institution of higher |
21 | | education. |
22 | | (E) The total number of contracts awarded for services |
23 | | by category and the total number of contracts awarded to |
24 | | firms owned by minorities, women, and persons with |
25 | | disabilities by each State agency and public institution of |
26 | | higher education. |
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1 | | (5) For community college districts, the Business |
2 | | Enterprise Council shall only report the following information |
3 | | for each community college district: (i) the name of the |
4 | | community colleges in the district, (ii) the name and contact |
5 | | information of a person at each community college appointed to |
6 | | be the single point of contact for vendors owned by minorities, |
7 | | women, or persons with disabilities, (iii) the policy of the |
8 | | community college district concerning certified vendors, (iv) |
9 | | the certifications recognized by the community college |
10 | | district for determining whether a business is owned or |
11 | | controlled by a minority, woman, or person with a disability, |
12 | | (v) outreach efforts conducted by the community college |
13 | | district to increase the use of certified vendors, (vi) the |
14 | | total expenditures by the community college district in the |
15 | | prior fiscal year in the divisions of work specified in |
16 | | paragraphs (a), (b), and (c) of subsection (1) of this Section |
17 | | and the amount paid to certified vendors in those divisions of |
18 | | work, and (vii) the total number of contracts entered into for |
19 | | the divisions of work specified in paragraphs (a), (b), and (c) |
20 | | of subsection (1) of this Section and the total number of |
21 | | contracts awarded to certified vendors providing these |
22 | | services to the community college district. The Business |
23 | | Enterprise Council shall not make any utilization reports under |
24 | | this Act for community college districts for Fiscal Year 2015 |
25 | | and Fiscal Year 2016, but shall make the report required by |
26 | | this subsection for Fiscal Year 2017 and for each fiscal year |
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1 | | thereafter. The Business Enterprise Council shall report the |
2 | | information in items (i), (ii), (iii), and (iv) of this |
3 | | subsection beginning in September of 2016. The Business |
4 | | Enterprise Council may collect the data needed to make its |
5 | | report from the Illinois Community College Board. |
6 | | (6) The status of the utilization of services shall be |
7 | | discussed at each of the regularly scheduled Business |
8 | | Enterprise Council meetings. Time shall be allotted for the |
9 | | Council to receive, review, and discuss the progress of the use |
10 | | of service firms owned by minorities, women, and persons with |
11 | | disabilities by each State agency and public institution of |
12 | | higher education; and any evidence regarding past or present |
13 | | racial, ethnic, or gender-based discrimination which directly |
14 | | impacts a State agency or public institution of higher |
15 | | education contracting with such firms. If after reviewing such |
16 | | evidence the Council finds that there is or has been such |
17 | | discrimination against a specific group, race or sex, the |
18 | | Council shall establish sheltered markets or adjust existing |
19 | | sheltered markets tailored to address the Council's specific |
20 | | findings for the divisions of work specified in paragraphs (a), |
21 | | (b), and (c) of subsection (1) of this Section.
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22 | | (Source: P.A. 99-462, eff. 8-25-15; 99-642, eff. 7-28-16; |
23 | | 100-391, eff. 8-25-17.) |
24 | | (30 ILCS 575/7) (from Ch. 127, par. 132.607) |
25 | | (Section scheduled to be repealed on June 30, 2020) |
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1 | | Sec. 7. Exemptions; waivers; publication of data. |
2 | | (1) Individual contract exemptions.
The Council, on its own |
3 | | initiative or at the written request of the affected agency,
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4 | | public institution of higher education, or recipient of a grant |
5 | | or loan of State funds of $250,000 or more complying with |
6 | | Section 45 of the State Finance Act, may permit an individual |
7 | | contract or contract package,
(related contracts being bid or |
8 | | awarded simultaneously for the same project
or improvements) be |
9 | | made wholly or partially exempt from State contracting
goals |
10 | | for businesses owned by
minorities, women, and persons with |
11 | | disabilities prior to the advertisement
for bids or |
12 | | solicitation of proposals whenever there has been a
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13 | | determination, reduced to writing and based on the best |
14 | | information
available at the time of the determination, that |
15 | | there is an insufficient
number of businesses owned by |
16 | | minorities, women, and persons with disabilities to ensure |
17 | | adequate
competition and an expectation of reasonable prices on |
18 | | bids or proposals
solicited for the individual contract or |
19 | | contract package in question. The Council may charge a |
20 | | reasonable fee for written
request of individual contract |
21 | | exemptions. Any such exemptions shall be given by
the Council |
22 | | to the Bureau on Apprenticeship Programs. |
23 | | (a) Written request for contract exemption. A written |
24 | | request for an individual contract exception must include, |
25 | | but is not limited to, the following: |
26 | | (i) a list of qualified businesses owned by |
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1 | | minorities, women, and persons with disabilities that |
2 | | would qualify for the purpose of the contract; |
3 | | (ii) each business's deficiency that would impair |
4 | | adequate competition or qualification; |
5 | | (iii) the difference in cost between the contract |
6 | | proposals being offered by businesses owned by |
7 | | minorities, women, and persons with disabilities and |
8 | | the agency or the public institution of higher |
9 | | education's expectations of reasonable prices on bids |
10 | | or proposals within that class; and |
11 | | (iv) a list of qualified businesses owned by |
12 | | minorities, women, and persons with
disabilities that |
13 | | the contractor has used in the most recent fiscal year. |
14 | | (b) Determination. The Council's determination |
15 | | concerning an individual contract exemption must include |
16 | | the following: |
17 | | (i) the justification for each business's |
18 | | disqualification; |
19 | | (ii) the number of waivers of the affected agency, |
20 | | public institution of higher education, or recipient |
21 | | of a grant or loan of State funds of $250,000 or more |
22 | | complying with Section 45 of the State Finance Act that |
23 | | have been granted by the Council for that fiscal year; |
24 | | and |
25 | | (iii) the affected agency or public institution of |
26 | | higher education's most current percentages in |
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1 | | contracts awarded to businesses owned by minorities, |
2 | | women, and persons with disabilities for that fiscal |
3 | | year. |
4 | | (2) Class exemptions. |
5 | | (a) Creation. The Council, on its own initiative
or at |
6 | | the written request of the affected agency or public |
7 | | institution of higher education, may permit an entire
class |
8 | | of
contracts be made exempt from State
contracting goals |
9 | | for businesses owned by minorities, women, and persons
with |
10 | | disabilities whenever there has been a determination, |
11 | | reduced to
writing and based on the best information |
12 | | available at the time of the
determination, that there is |
13 | | an insufficient number of qualified businesses owned by |
14 | | minorities, women, and persons with
disabilities to ensure |
15 | | adequate competition and an
expectation of reasonable |
16 | | prices on bids or proposals within that class. Any such |
17 | | exemption shall be given by
the Council to the Bureau on |
18 | | Apprenticeship Programs. |
19 | | (a-1) Written request for class exemption. A written |
20 | | request for a class exception must include, but is not |
21 | | limited to, the following: |
22 | | (i) a list of qualified businesses owned by |
23 | | minorities, women, and persons with disabilities that |
24 | | pertain to the class of contracts in the requested |
25 | | waiver; |
26 | | (ii) each business's deficiency that would impair |
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1 | | adequate competition or qualification; |
2 | | (iii) the difference in cost between the contract |
3 | | proposals being offered by businesses owned by |
4 | | minorities, women, and persons with disabilities and |
5 | | the agency or the public institution of higher |
6 | | education's expectations of reasonable prices on bids |
7 | | or proposals within that class; and |
8 | | (iv) the number of class exemptions the affected |
9 | | agency or public institution
of higher education has |
10 | | requested for that fiscal year. |
11 | | (a-2) Determination. The Council's determination |
12 | | concerning class exemptions must include the following: |
13 | | (i) the justification for each business's |
14 | | disqualification; |
15 | | (ii) the number of waivers of the requesting agency |
16 | | or public institution of higher education that have |
17 | | been granted by the Council for that fiscal year; and |
18 | | (iii) the agency or public institution of higher |
19 | | education's most current percentages in contracts |
20 | | awarded to businesses owned by minorities, women, and |
21 | | persons with disabilities for that fiscal year. |
22 | | (b) Limitation. Any such class exemption shall not be |
23 | | permitted for a
period of more than one year at a time. |
24 | | (3) Waivers. Where a particular contract requires a |
25 | | contractor to meet
a goal established pursuant to this Act, the |
26 | | contractor shall have the right
to request a waiver from such |
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1 | | requirements. The Council shall grant the
waiver where the |
2 | | contractor demonstrates that there has been made a good
faith |
3 | | effort to comply with the goals for
participation by businesses |
4 | | owned by minorities, women, and persons with
disabilities. Any |
5 | | such waiver shall also be
transmitted in writing to the Bureau |
6 | | on Apprenticeship Programs. |
7 | | (a) Request for waiver. A contractor's request for a |
8 | | waiver under this subsection (3) must include, but is not |
9 | | limited to, the following: |
10 | | (i) a list of qualified businesses owned by |
11 | | minorities, women, and persons with disabilities that |
12 | | pertain to the class of contracts in the requested |
13 | | waiver; |
14 | | (ii) each business's deficiency that would impair |
15 | | adequate competition or qualification; |
16 | | (iii) the difference in cost between the contract |
17 | | proposals being offered by businesses owned by |
18 | | minorities, women, and persons with disabilities and |
19 | | the agency or the public institution of higher |
20 | | education's expectations of reasonable prices on bids |
21 | | or proposals within that class. |
22 | | (b) Determination. The Council's determination |
23 | | concerning waivers must include following: |
24 | | (i) the justification for each business's |
25 | | disqualification; |
26 | | (ii) the number of waivers the contractor has been |
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1 | | granted by the Council for that fiscal year; |
2 | | (iii) the affected agency or public institution of |
3 | | higher education's most current percentages in |
4 | | contracts awarded to businesses owned by minorities, |
5 | | women, and persons with disabilities for that fiscal |
6 | | year; and |
7 | | (iv) a list of qualified businesses owned by |
8 | | minorities, women, and persons with disabilities that |
9 | | the contractor has used in the most recent fiscal year. |
10 | | (3.5) Fees. The Council may charge a fee for a written |
11 | | request on individual
contract exemptions. The Council shall |
12 | | not charge for a first request. For a
second request, the |
13 | | Council shall charge no more than $1,000. For a fifth
request |
14 | | or higher from a contractor, the Council shall charge no more |
15 | | than
$5,000 per request. The Department shall collect the fees |
16 | | under this Section.
Any fee collected under this Section shall |
17 | | be used by the Bureau on
Apprenticeship Programs to increase |
18 | | minority participation in apprenticeship
programs in the |
19 | | State. |
20 | | (4) Conflict with other laws. In the event that any State |
21 | | contract, which
otherwise would be subject to the provisions of |
22 | | this Act, is or becomes
subject to federal laws or regulations |
23 | | which conflict with the provisions
of this Act or actions of |
24 | | the State taken pursuant hereto, the provisions
of the federal |
25 | | laws or regulations shall apply and the contract shall be
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26 | | interpreted and enforced accordingly. |
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1 | | (5) Each chief procurement officer, as defined in the |
2 | | Illinois Procurement Code, shall maintain on his or her |
3 | | official Internet website a database of the following: (i) |
4 | | waivers granted under this Section with respect to contracts |
5 | | under his or her jurisdiction ; (ii) a State agency or public |
6 | | institution of higher education's written request for an |
7 | | exemption of an individual contract or an entire class of |
8 | | contracts; and (iii) the Council's written determination |
9 | | granting or denying a request for an exemption of an individual |
10 | | contract or an entire class of contracts . The database, which |
11 | | shall be updated periodically as necessary, shall be searchable |
12 | | by contractor name and by contracting State agency. |
13 | | (6) Each chief procurement officer, as defined by the |
14 | | Illinois Procurement Code, shall maintain on its website a list |
15 | | of all firms that have been prohibited from bidding, offering, |
16 | | or entering into a contract with the State of Illinois as a |
17 | | result of violations of this Act. |
18 | | Each public notice required by law of the award of a State |
19 | | contract shall include for each bid or offer submitted for that |
20 | | contract the following: (i) the bidder's or offeror's name, |
21 | | (ii) the bid amount, (iii) the name or names of the certified |
22 | | firms identified in the bidder's or offeror's submitted |
23 | | utilization plan, and (iv) the bid's amount and percentage of |
24 | | the contract awarded to businesses owned by minorities, women, |
25 | | and persons with disabilities identified in the utilization |
26 | | plan. |
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1 | | (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
|
2 | | (30 ILCS 575/9) (from Ch. 127, par. 132.609)
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3 | | (Section scheduled to be repealed on June 30, 2020)
|
4 | | Sec. 9. This Act is repealed June 30, 2024 June 30, 2020 . |
5 | | (Source: P.A. 99-514, eff. 6-30-16.)
|
6 | | Section 15. The State Construction Minority and Female |
7 | | Building Trades Act is amended by changing Section 35-15 as |
8 | | follows: |
9 | | (30 ILCS 577/35-15)
|
10 | | Sec. 35-15. Compilation of building trade data. By March 31 |
11 | | of each year, the Illinois Department of Labor shall publish |
12 | | and make available on its official website a report compiling |
13 | | and summarizing demographic trends in the State's building |
14 | | trades apprenticeship programs, with particular attention to |
15 | | race, gender, ethnicity, and national origin of apprentices in |
16 | | labor organizations and other entities in Illinois based on the |
17 | | information submitted to the Department under Section 35-10. |
18 | | The report shall include, but not be limited to, apprentices by |
19 | | gender, apprentices by race and ethnicity, apprentices by |
20 | | national origin, apprentices by gender, race, ethnicity, and |
21 | | national origin in union and non-union programs, |
22 | | apprenticeship programs offered by union and non-union, |
23 | | apprentices by union or non-union, apprenticeship programs by |
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1 | | trade, apprentices by trade, apprenticeship programs by length |
2 | | of time.
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3 | | (Source: P.A. 100-797, eff. 8-10-18.) |
4 | | Section 20. The Criminal Code of 2012 is amended by |
5 | | changing Section 17-10.3 as follows: |
6 | | (720 ILCS 5/17-10.3) |
7 | | Sec. 17-10.3. Deception relating to certification of |
8 | | disadvantaged business enterprises. |
9 | | (a) Fraudulently obtaining or retaining certification. A |
10 | | person
who, in the course of business, fraudulently obtains or |
11 | | retains
certification as a minority-owned business, |
12 | | women-owned business, service-disabled veteran-owned small |
13 | | business, or veteran-owned small business commits
a Class 1 2 |
14 | | felony. |
15 | | (b) Willfully making a false statement. A person who, in |
16 | | the
course of business, willfully makes a false statement |
17 | | whether by affidavit,
report or other representation, to an |
18 | | official or employee of a State
agency or the Business |
19 | | Enterprise Council for Minorities, Women, and Persons with |
20 | | Disabilities for the
purpose of influencing the certification |
21 | | or denial of certification of any
business entity as a |
22 | | minority-owned business, women-owned business, |
23 | | service-disabled veteran-owned small business, or |
24 | | veteran-owned small business
commits a Class 1 2 felony. |
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1 | | (c) Willfully obstructing or impeding an official or |
2 | | employee of
any agency in his or her investigation.
Any person |
3 | | who, in the course of business, willfully obstructs or impedes
|
4 | | an official or employee of any State agency or the
Business |
5 | | Enterprise Council for Minorities, Women, and Persons with |
6 | | Disabilities
who is investigating the qualifications of a |
7 | | business
entity which has requested certification as a |
8 | | minority-owned business, women-owned
business, |
9 | | service-disabled veteran-owned small business, or |
10 | | veteran-owned small business commits a Class 1 2 felony. |
11 | | (d) Fraudulently obtaining public moneys reserved for
|
12 | | disadvantaged business enterprises. Any person who, in the |
13 | | course of
business, fraudulently obtains public moneys |
14 | | reserved for, or allocated or
available to, minority-owned |
15 | | businesses, women-owned businesses, service-disabled |
16 | | veteran-owned small businesses, or veteran-owned small |
17 | | businesses commits a
Class 1 2 felony. |
18 | | (e) Definitions. As used in this Article, "minority-owned
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19 | | business", "women-owned business", "State agency" with respect |
20 | | to minority-owned businesses and women-owned businesses, and |
21 | | "certification" with respect to minority-owned businesses and |
22 | | women-owned businesses shall
have the meanings ascribed to them |
23 | | in Section 2 of the Business Enterprise for
Minorities, Women, |
24 | | and
Persons with Disabilities Act. As used in this Article, |
25 | | "service-disabled veteran-owned small business", |
26 | | "veteran-owned small business", "State agency" with respect to |
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1 | | service-disabled veteran-owned small businesses and |
2 | | veteran-owned small businesses, and "certification" with |
3 | | respect to service-disabled veteran-owned small businesses and |
4 | | veteran-owned small businesses have the same meanings as in |
5 | | Section 45-57 of the Illinois Procurement Code.
|
6 | | (Source: P.A. 100-391, eff. 8-25-17.)
|
7 | | Section 99. Effective date. This Act takes effect January |
8 | | 1, 2020. |